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ARVIND KUMAR (LAWYER)     02 July 2008

F.I.R.

An agreement to sale executed by A in favour of B, in condition that rest of the amount will be paid at the time of final sale with in 2 years. B never turnup and after lapse of 2 years he lodged F.I.R. Under 419,420,452,506, I.P.C. with allegation that A along with his family member came at the house of B told that don't ask for final Sale, abuses and threatened. Whether this F.I.R. is maintainable?


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 18 Replies

H. S. Thukral (Lawyer)     02 July 2008

FIR is only a report recorded by the Police of a cognizable offence. Whether the charges  stick or not is argued by parties at the time of framing of charges. You have stated facts regarding abusive threats which come under section 506. Facts constituting offence under other sections of IPC are not there.  

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 July 2008

Even after the views of Mr Thukral , the facts of the case are against A., and FIR is maintanable.


After execution of  conditional sale deed  what A has done to get it completed. There has to be documentry evidence that A called upon B to complete the transection.


Otherwise it will be presumed that A is intentionally avoiding to complete the transection.


Even in response to the FIR whether A is ready to complete the transection with B , if  not it shows guilt on the part of A.

podicheti.srinivas (advocate/legal consultant)     03 July 2008

please give the original complaint or else go through the complaint once,whether the ingredients of the offences are made out in the complaint.when the complaint consiist of the ingredients as mentioned in IPC,the complaint is maintainable.

Ajay kumar singh (Advocate)     03 July 2008

A should immediately file a suit against B for specific performance of the contract. It was the duty of B to pay the balance amount to A and to get the sale completed.It will show that A is still ready to perform his part of the contract.The FIR is bound to fail later on but do as suggested to create your defence.You may take recourse of anticipatory bail or of sec.482 cr.p.c. before the high court when cogoizance is taken

deepak kumar (Advocate)     04 July 2008

the agreement to pay was within two years, the term has now expired. B failed on his part to comply with the agreement so A is now not bound to the agreement. If  false police case has been lodged, the polic will investigate and come out with the true facts. In the meantime A should go in for Anticipatory bail. FIR is maintainable if it constitutes any offence.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     04 July 2008

Well with due respect to the other opinions , A has to show records what he / she has done to persue to complete the deal. Was  B reminded and he did not respond.


Otherwise A can not escape under the timelimit excuse. It is clearly cheating and even if the police do not persue the case private case will stand and not only process will be issued againsty A but also he can be prosecuted apart from for specific performance by compansation and damages also.


It is my humble submission to my other advocate freinds while evaluating any opinion is that truth and facts are always defferent. Facts are door to truth and we have to find the truth  for justice.


In this case why A does not want to complete the transection. In absence of  clear and solid evidence of guilt on the part of B , the A  has to face criminal and civil prosecution.

deepak kumar (Advocate)     04 July 2008

sir,


in a criminal case the accused will not say a word and the prosecution has to prove it's case beyond all reasonable doubt.


Therefore B ( prosecution)  will have to prove that he had taken steps for payment of rest amount but A evaded it. 

Ashutosh shukla (law)     04 July 2008

as far as my views are concerned A has to file a civil suit against B for specific performance of the contract B is bound to pay the amount to A.This will show that A is still ready to perform the contract you can go for anticipatery bail or section 482 of crpc before the high court before the cognizance taken of the case................................................ASHUTOSH SHUKLA

K.C.Suresh (Advocate)     05 July 2008

FIR is maintainable because there are allegation of non-bailable offencesa nd cognizable offences.

ARVIND KUMAR (LAWYER)     05 July 2008

sir, thanks for your good advise. Now the circumstances have become changed (A) is ready to return entire amount which he has already received and (B) becomes ready to receive. So far this another agreement executed between them showing that (A) has delivered One lac through cheque which (B) received and rest of the amount will be paid before registrar at the time of cancellation of alleged Agreement to Sell earlier executed. my querry is that what will hapened in criminal case becouse F.I.R. has been lidged against (A) whether it can withdraw by (B).

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 July 2008

If B does not persue the matter ends , otherwise even after payment the criminal procedding will continue.


Regarding the views expressed by Mr Deepakkumar in this matter , pl note that even though the B has to prove the case , it will be at the time of hearing. Before that issue of process and regular attendence in the Court is sufficient trouble.


And even in such cases to prove the matter against A is easy. The conduct of A in first accepting money and than not completing the transection is sufficient for conviction.


Civil cases for specific performance and damages will also go on and will result in favour of  B.


If A realises the guilt and makes proper amends to the satisfection of B , than only all these actions will stop.


Morever many advocatres freinds forget that that with some limitations there is no bar for initiating criminal proceddings if the delay is explained. Liabilitiy against criminal acts  with cetain limitaions is perpetual..

kumar sachin (lawyer)     05 July 2008

the criminal proceeding shall continue untill B compromises the case before the court stating therein that he do not want to persue the case any further and then the court may dispose off the case on the basis of the compromise.

deepak kumar (Advocate)     06 July 2008

once the FIR has been lodged, it can not be withdrawn by the informant. It has to be investigated.
after completion of investigation if it is found that the allegations are true chargesheet will be submitted and accordingly cognizance will be taken.
If the cognizance is taken under compoundable offences mentioned in section 320 of the CrPC then in this case since the matter has been compromised so the case will be compounded otherwise it will go into trial.

Ajay kumar singh (Advocate)     06 July 2008

We must not forget that the entire case is based on transaction of money related to an agreement for sale. The litigation is purely of civil nature. No criminal case can successfully be prosecuted against A.

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